MANOJ SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This judgment shall govern disposal of Criminal Appeal No.99/2010 filed by appellant- accused Umesh Singh against the judgment of conviction and sentence dated 22-12-2009 passed by Additional Judge to the Court of 6 th Additional Sessions Judge (FTC), Bhind (MP) whereby he has been convicted u/S. 302 IPC and sentenced to undergo Life Imprisonment with fine of Rs.5,000/- and further convicted u/S. 148 IPC and sentenced to undergo one year RI with fine of Rs.1,000/- with default stipulation. Criminal Appeal No.37/2010 has been filed by appellant No.1 accused Manoj Singh and three others against the same judgment of conviction and sentence whereby they have been convicted u/S. 302/149 IPC and sentenced to undergo Life Imprisonment with fine of Rs.5,000/- each and further convicted u/S. 148 IPC and sentenced to undergo RI of one-one year with fine of Rs.1,000/- each with default stipulation. Since both the criminal appeals have arisen from common judgment of conviction and sentence passed by learned Trial Court, therefore, we have heard both the criminal appeal together.

(2.) From the report dated 20/10/2021 received from the Police Station Raun, District Bhind, it appears that appellant No.4 Bal Singh (in CRA No.37/2010) has died on 24/04/2021, therefore, the appeal filed on behalf of appellant No.4 Bal Singh stands dismissed as abated.

(3.) Prosecution case, in brief, is that on 17-11-2006 at about 8:30 in the morning, complainant Rahul Singh (PW5), who is the resident of village Ahroli, District Bhind, came out from the shed of his house along with his brother (deceased) Raghvendra Singh. At that time, accused Umesh, who was having a gun, accused Upendra Singh and Manoj Singh, who were having lathi, accused Bal Singh and Yashpal alias Kallu, who were having axe, unanimously reached the house of complainant and caught hold of deceased Raghvendra Singh and took him away towards the field of one Suresh Singh. When complainant Rahul Singh tried to rescue his brother, the accused persons abused in filthy languages and also threatened to kill him. Thereafter, on hearing hue and cry of complainant Rahul Singh, his mother Smt.Vimlesh Devi (PW7) and nephew Shivkaran (PW3) came there. At that time, accused Umesh fired a gunshot at complainant Rahul Singh but it did not hit him. Due to fear, complainant Rahul and his mother Smt. Vimlesh Devi and nephew Shivkaran hidden themselves in the shed of house. All the accused persons took away deceased Raghvendra towards the field of one Suresh Singh and beaten him by means of axe and lathi and also threatened to kill his all family members. Thereafter, accused Umesh Singh fired a gunshot at deceased Raghvendra as a result of which, he ell down on the ground. Thereafter, all accused persons inflicted injuries on deceased Raghvendra by means of kicks and fists, axe and lathi as a result of which he died on the spot. Thereafter, all the accused persons fled away from place of occurrence. After the incident, the villages also reached the spot.